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2017 New Hampshire Revised Statutes
Title XXX - OCCUPATIONS AND PROFESSIONS
Chapter 326-D - MIDWIFERY
Section 326-D:8 - Disciplinary Action.
Universal Citation: NH Rev Stat § 326-D:8 (2017)
326-D:8 Disciplinary Action. –
I. The council may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person certified by the council has committed misconduct under paragraph II and which specifies the grounds for the misconduct.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure certification to practice under this chapter.
(b) Conviction of any crime which demonstrates unfitness to practice midwifery.
(c) Demonstrable gross incompetence of the certificate holder.
(d) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the certificate holder unfit to practice under this chapter.
(e) A legal finding of mental incompetence.
(f) Willful or repeated violation of the provisions of this chapter.
(g) Suspension or revocation without subsequent reinstatement of certification, similar to one issued under this chapter, in another jurisdiction.
III. (a) The council may take disciplinary action in any one or more of the following ways:
(1) By public or private reprimand.
(2) By suspension, limitation, or restriction of certification.
(3) By revocation of certification.
(4) By assessing administrative fines in amounts established by the council which shall not exceed $2,000 per offense, or in the case of a continuing offense, $250 for each day the violation continues.
(b) Disciplinary action taken under this paragraph may be ordered by the council in a decision made after a hearing in the manner provided by the rules adopted by the council and reviewed in accordance with RSA 541.
I. The council may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person certified by the council has committed misconduct under paragraph II and which specifies the grounds for the misconduct.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure certification to practice under this chapter.
(b) Conviction of any crime which demonstrates unfitness to practice midwifery.
(c) Demonstrable gross incompetence of the certificate holder.
(d) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the certificate holder unfit to practice under this chapter.
(e) A legal finding of mental incompetence.
(f) Willful or repeated violation of the provisions of this chapter.
(g) Suspension or revocation without subsequent reinstatement of certification, similar to one issued under this chapter, in another jurisdiction.
III. (a) The council may take disciplinary action in any one or more of the following ways:
(1) By public or private reprimand.
(2) By suspension, limitation, or restriction of certification.
(3) By revocation of certification.
(4) By assessing administrative fines in amounts established by the council which shall not exceed $2,000 per offense, or in the case of a continuing offense, $250 for each day the violation continues.
(b) Disciplinary action taken under this paragraph may be ordered by the council in a decision made after a hearing in the manner provided by the rules adopted by the council and reviewed in accordance with RSA 541.
Source. 1999, 213:8, eff. July 6, 1999.
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